1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF MARCH, 2020

BEFORE

THE HON’BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION No.27947/2011(KLR-RR/SUR)

BETWEEN:

MR. RAMAKRISHNA M,

AGED ABOUT 68 YEARS,

S/O LATE MUNISWAMIGOWDA

R/AT AREBINNAMANGALA VILLAGE,

JALA HOBLI, BANGALORE NORTH (ADDL.) TALUK.

...PETITIONER

(BY SRI M. A. SEBASTIAN, ADVOCATE)

AND:

1 .

STATE OF KARNATAKA

VIDHANA SOUDHA,

BANGALORE-560001

REP.BY ITS REVENUE SECRETARY.

2 .

SPECIAL DEPUTY COMMISSIONER

BANGALORE NORTH AND NORTH (ADDL.)

TALUK, BANGALORE.

…RESPONDENTS

(BY SMT. M.C. NAGASHREE, AGA)

****

R

2

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER PASSED BY THE 2^ND RESPONDENT IN

RRT(2)(NA)CR 501/2009-10, DATED 1.4.11 AS PER ANNEXURE-

X BY A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER

ETC.

THIS WRIT PETITION COMING ON FOR HEARING THIS

DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

This is an unfortunate case, where the Deputy

Commissioner has initiated the proceedings under the

provisions of Section 136(3) of the Karnataka Land

Revenue Act, 1964 (‘the Act’ for short) after lapse of more

than 48 years. The petitioner has filed the present writ

petition to quash the impugned order dated 1.4.2011 made

in RRT(2)(NA) CR 501/2009-10 by the 2^nd respondent –

Special Deputy Commissioner.

I. BRIEF FACTS OF THE CASE

2. It is the case of the petitioner that Rule-41 to 43M

of the Mysore Land Revenue Code, 1888 got substituted by

3

Notification No.RD 4 LAD 1960 dated 19.5.1960 and the

‘political sufferer’ also got included in the category of

persons entitled for grant of land by the Government.

Accordingly, after considering the material on record, the

Assistant Commissioner granted 6 acres of land in Sy.no.1

of Arebinnamangala village, Jala Hobli, Bangalore North

taluk

(formerly

Devanahalli

taluk)

to

one

Sri

M.

Ramamurthy, who was political sufferer vide Grant Order

No.LND.SR/1-551/1960-61 dated 14.11.1962. Totally, 16

persons were granted 6 acres of land each in the said

Sy.No.1. All the revenue records were entered in the

name of the said Ramamurthy. After the death of said

Ramamurthy, his wife – Kamalamma succeeded to his

estate and her name entered in the revenue records.

Thereafter, Smt. Kamalamma w/o Ramamurthy sold 3

acres of land to Mr. Purushotham and remaining 3 acres of

land in favour of Smt. Yashodamma under two registered

sale deeds dated 23.2.1983. The said Purushotham and

4

Yashodamma, in turn sold their respective 3 acres of land in

favour of Muniswamigowda, the father of the present

petitioner under the two registered sale deeds dated

17.3.1989 for valuable consideration. During the life time

of said Muniswamigowda, he applied for conversion of 4

acres of land into non-agricultural/industrial purposes.

Accordingly, the Deputy Commissioner exercising the

powers under the provisions of Section 95 of the Act, has

converted

4

acres

of

land

in

Sy.No.1

for

non-

agricultural/industrial purposes by Office Memorandum

dated 25.11.1989 as per Annexure – ‘P’. Subsequently,

the said Muniswamigowda sold 4 acres of land to one Lt.

Col. A. Gopalan under the registered sale deed dated

6.12.1989.

3. It is further case of the petitioner that the said Lt.

Col. A. Gopalan (Retd.) availed loan from the Karnataka

State Financial Corporation (‘KSFC’ for short) to set up an

5

industry. Lt. Col. A. Gopalan defaulted in paying loan

amount and therefore, KSFC took over 4 acres of land and

sold it to one Sharadamma under the registered sale deed

dated 17.3.2004. Thereafter, Sharadamma sold the said

property to Y. Balaraju under the registered sale deed

dated 27.12.2004.

4. It is further case of the petitioner that his father -

Muniswamigowda died